Defendant shall be punished by imprisonment without prison labor for ten months.

However, the execution of the above sentence shall be suspended for a period of two years from the date this judgment becomes final and conclusive.

Punishment of the crime

On September 27, 2016, the Defendant, who is engaged in driving B car 2, driven the above vehicle around 19:30 on September 27, 2016, and driven the two-lanes of the two-lanes in Seoul Eunpyeong-gu, Seoul, in the direction of the horse distance in the direction of the flag distance.

At the time, the road was a rained road, and the pedestrian crossing was installed on the front side, so in such a case, a person engaged in driving a motor vehicle has a duty of care to safely drive the motor vehicle and live well.

Nevertheless, the Defendant did not find the victim C (the age of 81) who was crossing the right from the left side of the running direction of the Defendant due to the negligence that the Defendant did not properly go on the front side, and received the victim from the front side of the above vehicle.

As a result, the Defendant caused the victim by occupational negligence to die from the Samsung Heavy Hospital's intermediate disease room in Gangnam-gu Seoul, Seoul, which is located in 81, Gangnam-gu Seoul, to the victim due to acute respiratory difficulties.

Summary of Evidence

1. Statement by the defendant in court;

1. A traffic accident report;

1. A report on internal investigation (the analysis of black boxes and images at the time of an accident);

1. Application of Acts and subordinate statutes of a death certificate;

1. Relevant legal provisions concerning criminal facts, Article 3 (1) of the Act on Special Cases concerning the Settlement of Traffic Accidents According to the Selection of Punishment, Article 268 of the Criminal Act, and the selection of imprisonment without prison labor;

1. The reason for sentencing under Article 62(1) of the Criminal Act of the suspended sentence [the scope of the recommended sentence] The ground for sentencing under Article 62(1) of the Criminal Act (amended by Act No. 62(1) [the scope of the recommended sentence] is that there is a considerable fault in the occurrence of a traffic accident or the expansion of damage even to the victim (the specially mitigated person] [the case] extenuating circumstances: the victim was negligent in the occurrence of the accident due to the occurrence of the traffic accident in question, and that there was a serious consequence that is the death of the victim, but that there was no agreement with the bereaved family members of the victim: the victim was crossing without permission; the victim